Duffman vs. Duff?

A fascinating window into trademark law and how the little guy has a big hill to climb to take on the big corporation. In this case, an original "beerman" wants the respect he deserves.

Note to self, include the evidence that might help you win:

In support of his arguments, Donchez pointed to a single piece of evidence, i.e., a report prepared by one of his expert witnesses, Curtis Krechevsky, in which Krechevsky allegedly stated that

it is my opinion that the . . . use of the term "BEERMAN" in connection with books and entertainment services was . . . use in a suggestive sense and not descriptively. As specifically regards entertainment services, I believe that a leap of imagination or mental effort is required to understand the nature of the covered services from the mark "BEERMAN."

Id. For whatever reason, however, Donchez has not included that report in his appellate appendix. Thus, we cannot consider the report and the statements included therein in determining whether there is a genuine issue of material fact regarding the classification of the term "beerman."(2) In turn, that leaves Donchez without any evidence to support his assertion that the term "beerman" is suggestive.(3)